Amendment Procedure of Indian Constitution: Process, Types, and Challenges

The Indian Constitution is a dynamic document that allows for modifications to adapt to changing societal, political, and economic needs. While it is designed to be stable, it also provides a structured process for amendments. Article 368 in Part XX of the Constitution outlines the procedure for amending its provisions, ensuring a balance between flexibility and rigidity.

Amendment Procedure of Indian Constitution

1. Initiation of Amendment Bill

• Amendment bills can be introduced only in Parliament (Lok Sabha or Rajya Sabha).
• State legislatures cannot initiate amendments.

2. Introduction of the Bill

• Any Member of Parliament (MP) can introduce the bill.
• No prior permission from the President is required.

3. Passing the Bill in Parliament

• The bill must be passed in both Houses separately.
• No joint sitting is allowed in case of disagreement.

4. Special Majority Requirement

• A constitutional amendment requires a special majority, meaning:
• More than 50% of total membership of each House.
• At least two-thirds of members present and voting.

5. Ratification by State Legislatures (for Federal Provisions)

• Amendments affecting federal provisions (e.g., President's election, distribution of powers, judiciary) require approval by at least half of the state legislatures through a simple majority.

6. Presidential Assent

• Once passed by Parliament (and states, if required), the bill goes to the President for approval.
• The President cannot withhold or return the bill; they must give assent.

7. Enactment as a Constitutional Amendment

• After the President's assent, the bill becomes a Constitutional Amendment Act.

Types of Amendment Procedure of Indian Constitution

1. Amendment Procedure of Indian Constitution by Simple Majority of Parliament

Some provisions can be amended by a simple majority (more than 50% of members present and voting). These typically relate to administrative and procedural matters, such as:

• Admission or formation of new states.
• Changes in the Second Schedule (salaries of government officials).
• Rules and quorum in Parliament.

2. Amendment Procedure of Indian Constitution by Special Majority of Parliament

Major constitutional provisions require a special majority (majority of total membership and two-thirds of those present and voting). This applies to:

• Fundamental Rights (FRs).
• Directive Principles of State Policy (DPSP).
• Changes in powers of Parliament and state legislatures.

3. Amendment Procedure of Indian Constitution by Special Majority and State Ratification

Amendments affecting the federal structure require:

• A special majority in Parliament.
• Approval from at least half of the states by a simple majority.
  Examples include:
• Election of the President.
• Distribution of legislative and executive powers.
• Changes in the 7th Schedule (division of powers between Union and States).

Informal Amendment Procedure of Indian Constitution

1. Judicial Interpretation

The Supreme Court and High Courts interpret the Constitution, altering its application.

• Example: Kesavananda Bharati Case (1973) introduced the Basic Structure Doctrine, preventing Parliament from altering core constitutional principles.

2. Conventions and Practices

Over time, unwritten practices and traditions shape governance without formal amendments.

• Example: The evolving role of the Prime Minister and the functioning of parliamentary committees.

Challenges in Amendment Procedure of Indian Constitution

1. Judicial Overreach

Some amendments are struck down for violating the Constitution’s Basic Structure Doctrine.

• Example: 99th Amendment Act (2014), which introduced the National Judicial Appointments Commission (NJAC), was nullified in 2015 for threatening judicial independence.

2. Political Motivations

Certain amendments are criticized for serving political interests rather than public welfare.

• Example: The 42nd Amendment Act (1976), passed during the Emergency, gave excessive power to the central government.

3. Lack of Consensus

Some amendments are passed without broad public or political agreement, leading to controversy.

• Example: The 103rd Amendment Act (2019), introducing 10% reservation for the Economically Weaker Sections (EWS), faced legal challenges over equality concerns.

4. Complexity and Length of Amendments

Frequent amendments make the Constitution more complicated and difficult to interpret.

• Example: The 101st Amendment Act (2016) introduced GST, restructuring India’s financial system but causing initial implementation issues.

5. Delay in Ratification

State ratification takes time, delaying amendments.

• Example: The 73rd and 74th Amendments (1992), which aimed to empower local governments, faced delays in implementation across states.

6. Ambiguity in Amendment Provisions

Some amendments introduce unclear provisions, leading to varied interpretations.

• Example: The 97th Amendment Act (2011), related to cooperative societies, was struck down due to conflicts over state autonomy.

7. Overriding State Autonomy

Amendments can weaken federalism by centralizing power.

• Example: The 42nd Amendment Act (1976) increased central control over state matters, reducing state powers.

Criticism of the Amendment Procedure of Indian Constitution

1. No Special Constitutional Body

Unlike the USA, India lacks a separate constitutional convention for proposing amendments.

2. States Cannot Initiate Amendments

State legislatures cannot propose constitutional amendments, reducing their influence in federal matters.

3. No Time Frame for State Ratification

The Constitution does not specify a deadline for state legislatures to approve or reject amendments, leading to delays.

4. No Joint Sitting for Deadlocks

If the two Houses disagree on an amendment, there is no provision for a joint sitting to resolve disputes.

5. Scope for Judicial Intervention

The amendment process lacks clarity in certain areas, leading to frequent judicial review and challenges.

Way Forward

• Enhance Transparency – Involve civil society and public consultation in the amendment process.
• Simplify Procedures – Streamline amendment processes to prevent excessive complexity.
• Preserve Federalism – Ensure states have a greater say in constitutional amendments.
• Regular Updates – Periodically review the Constitution to address emerging issues like digital privacy and climate change.
• Strengthen Judicial Safeguards – Ensure amendments do not violate the Basic Structure, protecting democracy and fundamental rights.